San Bernardino Visitation Lawyers
Experienced Attorneys in San Bernardino, CA
Visitation rights are based on a plan that establishes how and when a parent (or in some cases, a third-party) can visit a child. Ideally, visitation rights are agreed upon by both parents before they ever appear before a judge. However, there are many times when parents cannot reach an agreement. In these cases, parents can ask a court to enter a ruling establishing the parameters of the agreement.
The presiding judge will have the final say in who will be given custody and visitation, but will usually uphold the parenting plan that both parents agree on. In extreme cases, no visitation rights may be allowed by the court. If any contact with the child proves to be emotionally or physically harmful, it may be in the best interest of the child to not have any visitation with the parent. Like custody agreements, a visitation plan can be established at any time and later modified if there is a change in circumstances.
Our San Bernardino visitation rights lawyers are dedicated to providing caring representation to families who are going through a child custody dispute or divorce. The custody process is not only a difficult time for the couple involved, but for the children as well. With 50 years of combined experience, we can capably help you navigate this challenging time.
Visitation Rights for Non-Custodial Parents
By definition, if you have less than half of the time with your children, you have visitation rights. When a parent doesn’t have any custodial rights, the court is required to create a reasonable visitation schedule for them. However, visitation plans that have been agreed upon by both parties will likely be approved by the court so long as the plan is not detrimental to the child or contrary to the child’s best interests.
It is beneficial to both the children and the parents to have a detailed plan for visitation. This will help avoid conflicts regarding schedules. Sometimes, supervised visitation is required by the court, which means another adult may have to be present in order to protect the safety of the child or children.
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Third Party Visitation Rights
In certain circumstances, parties other than the parents can seek visitation rights with the child. Unlike custody rights, visitation rights may be granted to grandparents, stepparents, domestic partners, or foster parents. However, the right of third parties to visit a child is limited by the parent’s rights to make decisions regarding the care, custody, and control of the child. Family courts cannot grant visitation to third parties over the objections of the parents unless the court engages in a complicated process of evaluating whether granting the visitation right would infringe on the parent’s constitutional right.
